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3 Apr 2007, 3:31 pm
March 29, 2007): While the Third Circuit's ruling would seem to bind this Court in the instant matter, the Supreme Court has since issued a ruling which appears to contradict the Third Circuit's recent holding. [read post]
11 Jun 2008, 5:35 pm
Marathon Pipe Line Co. (1982), Congress cannot assign to an Article I court jurisdiction over matters that are "inherently ... judicial. [read post]
22 Oct 2007, 9:52 pm
October 11, 2007): Moreover, as a matter of law, violations of the knock-and-announce rule, even if proved, will not automatically result in the exclusion of evidence obtained as a result of the search. [read post]
14 Sep 2007, 5:44 pm
Whether this will withstand appeal is another matter because the appellate court might make the determination itself that the officer had arguable probable cause. [read post]
16 Sep 2012, 1:25 pm
" Electronic Funds Transfer Act (Regulation E) and the Bank Protection Act (Regulation P) (12 CFR Section 216.1) are federal laws dealing primarily with matters related to the security of the ATMs themselves and to fraudulent transactions, rather than to ATM users' safety. [read post]
1 Jan 2009, 7:14 am
Yet as a practical matter a name given by a caller does not make the tip less anonymous. [read post]
2 Oct 2008, 4:48 am
He'd never been in a band before, or wanted to, for that matter. [read post]
6 Aug 2008, 5:01 am
For example, examinations of documents and electronic devices are a crucial tool for detecting information concerning terrorism, narcotics smuggling, and other national security matters; alien admissibility; contraband including child pornography, monetary instruments, and information in violation of copyright or trademark laws; and evidence of embargo violations or other import or export control laws. [read post]
4 Nov 2008, 12:17 pm
Their assumption proved correct, but only after consent to search the computers was obtained in order to look for evidence of unspecified "['illegal'] credit card activity over the Internet", not images of child pornography or any images for that matter. [read post]
2 Sep 2009, 6:13 am
He vigorously challenged the third-party's consent on essentially the same grounds alleged now, but his failure to go further in cross was a matter of strategy. [read post]
2 May 2012, 4:04 am
As an initial matter, Roach impeded Officer Kruger's patdown by defying his instructions. [read post]
19 Dec 2007, 4:23 am
During this brief period of detention, the officer may examine the driver's license and vehicle registration, run a computer check on the driver and the vehicle, and question the driver about a wide range of matters, including those unrelated to the purpose of the traffic stop. [read post]
27 Oct 2010, 12:33 pm
But then he kept flogging the same formula when pushing new-issue junk, which was an entirely different matter. [read post]
1 Aug 2012, 5:55 am
The Application at issue in this matter crosses the Section 2703(d) bar. [read post]
1 May 2012, 5:12 am
Illinois, 439 U.S. 128, 99 S.Ct. 421, 58 L.Ed.2d 387 (1978), indicated that matters of standing in the context of searches and seizures actually involved substantive Fourth Amendment law. [read post]
14 Aug 2009, 5:34 am
Cognizant that jail personnel might be listening, Monghur attempted to disguise the subject matter by using ambiguous, generic language to describe the handgun and its whereabouts: "the thing" was in a closet, "in the green. [read post]
9 May 2009, 1:10 pm
Matter of Elvin G., 2009 NY Slip Op 3626, 2009 N.Y. [read post]
13 Aug 2010, 3:36 pm
Yesterday, the denial of rehearing en banc was entered, with Judge Kozinksi dissenting, with four others: There’s been much talk about diversity on the bench, but there’s one kind of diversity that doesn’t exist: No truly poor people are appointed as federal judges, or as state judges for that matter. [read post]
25 Jan 2010, 10:18 pm
The police searched appellant's car immediately after the arrest -- which had happened within "a matter of feet" of the car -- whereupon appellant exclaimed, "Why are you guys going to go in my car? [read post]
4 Mar 2008, 4:10 am
Obviously, holding a Qur'an (or any religious item for that matter) while in an automobile should not arouse suspicion. [read post]
